[2021]DLCA10811 • June 17, 2021 • Court of Appeal
REX OWUSU MARFO vs. JOY INDUSTRIES LTD.
The Respondent, a renowned Ghanaian music composer and producer, created the song 'DA DA DI DA' in 2004 and registered it with the Copyright Society of Ghana. The Appellant used part of this song in advertising its product 'JOY DADI BITTERS' without permission or license, broadcasting the advertisement widely on radio and the internet. The Respondent sued for copyright infringement and damages after the Appellant refused to obtain a license despite being given the opportunity.
read moreANTHONY OPPONG JA: The Respondent is a Ghanaian music composer, music producer, writer, publisher and performer of no mean repute. He delved into the music industry from 1982. He has 15 albums to his credit. In 2004, he released an album titled ‘ADJALA’. That album contains the successful song ‘DA DA DI DA’. The Respondent registered and/or declared the album and the song with the erstwhile Copyright Society of Ghana (COSGA) under the then Copyright Law, 1985 (PNDCL 110). On or about 2013, to his dismay and chagrin, Respondent discovered that the Appellant had been commercially using part of his work from the song ‘DA DA DI DA’ to promote or advertise its product JOY DADI BITTERS, without seeking nor obtaining the permission or license from Respondent, the right holder/owner. The advertisement used to be aired on some radio stations at least four times a day. It used to be usually aired on the stations’ morning show programs which had wide coverage and in some inst...